The "standing" issue is a technicality, but one the ACLU should've been able to counter...except the federal gov refuses to release a list of those individuals and groups who have had their rights abridged by the gov's cowardly actions. This is a fucking disgrace. The SCOTUS has left the oversight building, and is sniffing asses on the side.
That's what we call a "fishing expedition". It is generally frowned upon. Why? Well let's play just seepose.
Just seepose there was a DEA agent and happened across this website and saw DR, GS, TK, Bot, Z and a few others cracking wise about smoking marijuana. You know what they say, whre there is msoke ther's fire! So I get in my car and drive over to say, GS' place of business and raid the joint (so to speak) looking for evidence that GS of GS abuse of herb.
Was there probably cause to search GS? I don't think so. We were just having idel conversation, not doing anything.
Now if GS had offered us a great deal on the price of a few kilo's he was bringing across at Nogales, then maybe, maybe the DEA guy would have probably cause. But he'd have to convince a judge and I doubt the judge would look benignly on the state monitoring conversations, even on the public internet.
The law applies the same whether we are protecting GS from oppressive police state tactics or protecting intelligence means, methods and personnel from public release.